House of Commons Journal Volume 9: 23 April 1675

Pages 322-323

Journal of the House of Commons: Volume 9, 1667-1687. Originally published by His Majesty's Stationery Office, London, 1802.

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Page 322
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Veneris, 23 die Aprilis, 1675.


Rushout's Nat.

SIR Elab Harvey reports from the Committee to which the Bill for Naturalization of Alice Rushout was committed, One Amendment, agreed to by the Committee, to be made to the Bill: Which he read, with the Coherence, in his Place; and after delivered the same in at the Clerk's Table: And the same being twice read; and agreed;

Resolved, &c. That the Bill, with the Amendment agreed to, be ingrossed.

Fines and Recoveries.

A Bill for the better Assurance of such as claim under ancient Fines and Recoveries, was read a Second time.

Resolved, &c. That the said Bill be committed to Mr. Serj. Maynard, Mr. Nicholas Morris, Sir John Trevor, Sir Tho. Clergis, Sir John Lowther, Sir Geo. Reeve, Sir Tho. Dolman, Sir John Brampston, Sir John Otway, Mr. Tho. Morris, Mr. Rigby, Mr. Rob. Wright, Sir John Heath, Sir Cha. Harbord, Mr. Mallett, Mr. Powle, Mr. Westfaling, Sir John Knight, Mr. Price, Mr. Hall, Sir Leoline Jenkins, Sir Wm. Doyley, Mr. Sawyer, Mr. Hugh Boscowen, Sir Franc. Drake, Sir Edw. Jenings, Sir Hen. Ford, Col. Strode, Sir Joseph Tredenham, Sir Courtney Poole, Mr. Edw. Boscowen, Mr. Culliford, and all the Members of the House that are of the Long Robe: And they are to meet on Monday next, at Two of the Clock in the Afternoon, in the Speaker's Chamber: And to send for Persons, Papers, and Records.

Piscary Preservation.

A Bill for the better Preservation of the Piscary in the Rivers of Avon, Seavorne, and Tame, was read the Second time.

Resolved, &c. That the Bill be committed to Col. Sands, Sir Wm. Doyley, Sir John Lowther, Mr. Serjeant Maynard, Sir Wm. Terringham, Sir John Knight, Sir Edw. Masters, Sir Lanc. Lake, Sir John Heath, Sir Fra. Russell, Sir Robert Barnham, Sir Phill. Musgrave, Sir Tho. Allen, Sir Edm. Jenings, Sir John Trever, Sir Nich. Carew, Sir Antho. Irby, Mr. Westfaling, Sir Thomas Mompesson, Mr. Stockdale, Mr. Marvell, Sir Hen. Goodrick, Sir Hen. Ford, Col. Strode, Mr. Linfeild, Sir Richard Ford, Mr. Maynard, Mr. Crouch, Col. Grey, Sir Courtney Poole, Sir Cha. Harbord, Sir John Birkenhead, Mr. Price, Sir Elyab Harvy, Sir James Smith, Mr. Culliford, Sir John Norton, Mr. Powle, Mr. Devereux, Sir Fr. Rolls, and all that serve for Worcester, Hereford, Gloucester, and Salop: And all that come are to have Voices: And they are to meet at Two of the Clock on Monday next, in the Afternoon, in the Speaker's Chamber; and to make the Bill general: And to send for Persons, Papers, and Records.

Regulating Elections.

A Bill for Regulating Election of Members to serve in Parliament, was read the First time.

Resolved, &c. That this Bill be read a Second time.

Delays of Suits.

A Bill to revive and perpetuate a late Act for avoiding unnecessary Suits and Delays, was read.

Resolved, &c. That this Bill be read a Second time.

Address for removing the Duke of Lawderdale.

The House then resumed the adjourned Debate concerning the Testimony of Mr. Burnett, touching the Duke of Lawderdale.

Ordered, That Notice be given by the Serjeant at Arms attending this House, to Mr. Burnett, to attend forthwith at the Bar of this House, to give in his Testimony, relating to the Duke of Lawderdale.

Mr. Powle reports the Reasons agreed by the Committee, for the Address to be presented to his Majesty, against the Duke of Lawderdale: Which he read in his Place; and after delivered the same in at the Clerk's Table: And the same were again read.

The First Paragraph being the Preface to the Address, was read the Second time; and postponed, upon the Question.

The Second Paragraph was read the Second time.

Resolved, &c. That instead of these Words, "none we can more justly," these Words, "we have just Reason to," be inserted in this Paragraph.

Resolved, &c. That these Words, "and declaring his Inclinations to arbitrary Councils, in Terror of your good People," be added at the End of this Paragraph.

The Question being put, To agree with the Committee, that this Paragraph, with the Amendments, be Part of the Address;

It was resolved in the Affirmative.

The Third Paragraph was read a Second time.

The several Acts of the Parliament of the Kingdom of Scotland were read.

The Question being put, To agree with the Committee, that the Third Paragraph be made Part of the Address;

The House divided.

The Noes go forth.

Tellers, Sir John Moreton, for the Yeas, 133.
Sir Franc. Drake,
Tellers, Sir John Talbott, for the Noes, 111.
Sir John Hanmer,

And so it was resolved in the Affirmative.

The last Paragraph being read a Second time, was, upon the Question, agreed.

The Preamble, which was postponed, being again read, it was, upon the Question, agreed.

Which Address is as followeth; viz.

WE Your Majesty's most dutiful and loyal Subjects, the Commons, in this present Parliament assembled, do, with humble Thankfulness, acknowledge Your Majesty's Care for the Safety of Your People, in calling us together at this Time, to consult of the best Means for the Preservation of our Religion and Properties: And though we have great Cause to rest assured of the Continuance of Your Majesty's gracious Disposition towards us; yet we find, upon a serious Examination of the State of this Kingdom, that there is a great Jealousy arisen from some late Proceedings, in the Hearts of Your Subjects, that some Persons in great Employment under Your Majesty, have fomented Designs, contrary to the Interest both of Your Majesty and your People, intending to deprive us of our ancient Rights and Liberties, that thereby they might the more easily introduce the Popish Religion, and an arbitrary Form of Government over us, to the Ruin and Destruction of the whole Kingdom.

Amongst those who are at present employed under Your Majesty, we have just Reason to accuse for a Promoter of such Designs, the Duke of Lawderdale, lately created Earl of Guilford; because we have had it testified in our House, by several of our own Members, that, in the Hearing before the Council of the Case of Mr. Penystone Whaley, who had committed Mr. John James, contrary to Your Majesty's Declaration of the 15th of March 1671, he the said Duke of Lawderdale did openly affirm, in the Presence of Your Majesty sitting in Council, and before divers of Your Subjects then attending there, that Your Majesty's Edicts ought to be obeyed; for Your Majesty's Edicts are equal with Laws; and ought to be observed in the first Place; thereby, as much as in him lay, justifying the said Declaration, and the Proceedings thereupon; and declaring his Inclination to arbitrary Councils, in Terror of Your good People.

And we are further confirmed in this Opinion, by Two late Acts of Parliament, of a very strange and dangerous Nature, which we have observed amongst the printed Statutes of the Kingdom of Scotland; the First whereof was in the Third Session of the First Parliament, held there under Your Majesty, Cap. 25. and the other, in Your Majesty's Second Parliament, Cap. 2. the like whereof have never passed, since the Union of the Two Crowns; and are directly contrary to the Intention of an Act passed here in the Fourth Year of the Reign of King James, for the better Abolition of all Memory of Hostility, and the Dependencies thereof, between England and Scotland, and for the Repressing of Occasions of Discords and Disorders in Time to come; and of a like Act, passed about the same Time in the Kingdom of Scotland: By Force of which said late Acts there is a Militia settled in that Kingdom, of Twenty thousand Foot, and Two thousand Horse; who are obliged to be in a Readiness to march into any Part of this Kingdom, for any Service wherein Your Majesty's Honour, Authority, or Greatness may be concerned; and are to obey such Orders and Directions, as they shall from time to time receive from the Privy Council there.

By Colour of which general Words, we conceive, this Realm may be liable to be invaded, under any Pretence whatsoever: And this hath been done, as we apprehend, principally by the Procurement of the said Duke of Lawderdale; he having all the Time of these Transactions been principal Secretary of the said Kingdom, and chiefly intrusted with the Administration of Affairs of State there; and himself Commissioner for holding the Parliament at the Time of passing the latter of the said Acts, whereby the Providing of the said Horse and Foot is effectually imposed upon the said Kingdom, and this extraordinary Power vested in the Privy Council there: And we conceive we have just Reason to apprehend the ill Consequences of so great and unusual a Power; especially while the Affairs of that Kingdom are managed by the said Duke, who hath manifested himself a Person of such pernicious Principles.

We do therefore, in all Humility, implore Your Sacred Majesty; considering how universal a Fame and Clamour of the said Misdemeanors runneth openly throughout all Your Realm, that for the Ease of the Hearts of Your People, who are possessed with extreme Grief and Sorrow to see Your Majesty thus abused, and the Kingdom endangered, that Your Majesty would graciously be pleased to remove the said Duke of Lawderdale from all his Employments, and from Your Majesty's Presence and Councils, for ever; as being a Person obnoxious and dangerous to the Government.

Mr. Burnett, attending, according to the Order of the House, was called in: And having answered to several Questions proposed to him by Mr. Speaker, withdrew:

And the House not being satisfied with his Answer, he was again called in, to give in a further Answer: Which he having done, and being again withdrawn; and this House being not yet fully satisfied with his Answer, he was again called in, to explain himself: And being withdrawn, some Heads of his Testimony were (to avoid Mistakes) reduced into Writing:

And he being again called in; and the same being read to him; and he having amended it in some Particulars, at the Bar of the House, the same is as followeth;

That, coming into England out of Scotland, on the First Saturday in September 1673, he went to visit the Duke of Lauderdale, at his Lodgings over the Gate-house in Whitehall, where the Duke and he discoursed of the Affairs of this Nation, and Scotland; and particularly concerning the Proceedings of Parliament, touching the Declaration for suspending Penal Laws in Matters Ecclesiastical: And being afterwards asked, Whether if Scotland being called in to assist the King, they would assist him or not? he answered, He thought they would not: But that the Duke replied, He believed they would; and that they coming into England, would bring a great many.

That the Duke, asking him of the Affairs of Scotland, he answered, That the People in Scotland, that were at such a Distance, could not imagine what to think of the King's Speech, and what was afterwards done concerning the Declaration: Whereto the Duke replied, Hinc illæ lachrymæ! That all had deserted the King, except himself and the Lord Clifford.

And a Debate arising thereupon;

Resolved, &c. That the Debate be adjourned till Thursday Morning next, at Ten of the Clock.

Resolved, &c. That such Members of this House as are of his Majesty's Privy Council, be desired to know his Majesty's Pleasure, when he will be attended with the Address touching the Duke of Lawderdale.


Resolved, &c. That all the Committees that were to sit this Afternoon, be adjourned.

And then the House adjourned till To-morrow Morning, Eight of the Clock.